NENURAM Vs. MAITHLISHARAN SHARMA

JUDGEMENT

(1.) These writ petitions under Article 227 of the Constitution of India have been filed assailing the legality and validity of the order dtd. 22/11/2021 passed by learned Board of Revenue (for brevity, "the BoR"), Rajasthan, Ajmer whereby accepting the revision petition filed by the respondent No. 1 against the order dtd. 3/9/2021 passed by the Revenue Appellate Authority directing hearing of the application under Sec. 5 of Limitation Act alongwith appeal, the Revenue Appellate Authority has been directed to hear the application under Sec. 5 of Limitation Act before hearing the appeal.

(2.) Learned counsel for the petitioners contended that in view of established legal principle that while hearing an application under Sec. 5 of Limitation Act, the Court is also required to take into consideration merits of the case and hence, the BoR erred in directing decision of the application under Sec. 5 of Limitation Act prior to hearing of the appeal.

(3.) He, therefore, prays that the order impugned dtd. 22/11/2021 be quashed and set aside and the order of the Revenue Appellate Authority dtd. 3/9/2021 be restored.